Florida Adoption Court Cases

Florida Court Case: Soucek v. Melvin
This was an adoption proceeding under Chapter 72 Florida Statutes 1941 as amended (same F.S.A.). When the proceedings were filed it was sought to have constructive service by publication on the father of the two children. The father received some sort of notice while in a foreign country and immediately sent a telegram which in due course was delivered to...


Florida Court Case: J.B. v. Department of Children & Family Services
As stated in the First District's opinion, the facts of this case are as follows: The history of this controversy dates back to November 15, 1988, when the state filed a petition to declare each of the natural father's five children dependent. At that time, the father consented to a finding of dependency, and all of the children were placed in the custody of their grandmother. The dependency file was closed in September of 1990, and the children remained with their grandmother...


Florida Court Case: In the Interest of S.A.B.
As their relationship ended, the mother told Wilson that he was not the child's father. In the seven and one-half years following the child's birth, Wilson neither kept in frequent contact with S.A.B. nor provided for the child's well-being or support. Shortly after the child was born the mother began a relationship with B.D.B...


Florida Court Case: In re Will of Martell
This case examines the law applicable in construing the terms and provisions controlling the ultimate determination of trust beneficiaries under a testamentary trust. Louis J. Martell executed his will on July 31, 1970. Article 4 of the will created a testamentary trust which named eight beneficiaries, including Arthur J. Landry. The trust generally provided for the payment of income to each beneficiary until the youngest attained age forty, at which time the remaining assets of the trust were to be distributed...


Florida Court Case: Davis v. Dixon
Therefore, we return this matter to the trial court for a determination, taking into account the "priority" of which parties shall be the adopting parents. It may do it either on the record as already made, or by considering not only the existing record, but additional evidence. The trial judge also denied the grandparents legal visitation, apparently under the belief that he had no authority to do so in this case. As we are returning this cause to the trial court for redetermination of the adopting parent, we vacate the visitation...


Florida Court Case: Kranz v. Kranz
In this case of first impression in Florida, we are asked to determine if the adoption of a minor child serves to relieve a natural parent's obligation to pay child support arrearages that accrued before the date of adoption. We hold that the debtor parent is not excused from those payments, and that section 63.172, Florida Statutes, (1991) only relieves that parent from the obligation to make future support payments once the child has been adopted. Larry and Mary Kranz were divorced in 1986. As part of the final judgment...


Florida Court Case: Solomon v. McLucas
Appellant, the natural mother of six year old Jennifer Renee, brings this appeal from a final judgment granting appellees' petition to adopt Jennifer. Jennifer's natural father gave his written consent to the adoption, but appellant did not. Appellant's consent was required unless the trial judge excused her consent on one of the grounds specified in Section 63.072, Florida Statutes (1977). The trial judge impliedly did so by expressly finding that appellant had abandoned Jennifer. We hold that the evidence in this case was not sufficient to justify that finding...


Florida Court Case: In re Adoption of S.A.S.
The appellant challenges a final order dismissing with prejudice his petition for adoption of his three minor stepchildren. We reverse. The appellant has been incarcerated since 1986. He married the natural mother of the children in 1992. The natural father is deceased. The appellant filed a petition for adoption by a stepparent along with the written consent of the natural mother and the only child more than twelve years of age, as required...


Florida Court Case: T.R. v. Adoption Services, Inc.
This is yet another case where a natural mother appeals the trial court's order denying a motion to withdraw written consent to surrender a child for adoption and to terminate parental rights. Because the record supports the trial court's decision, we affirm. The mother, T.R., was in her eighth month of pregnancy when she...


Florida Court Case: M.C. v. Department of Children & Family Services
M.C., a fifteen year old minor, timely appeals the trial court's Order and Judgment of Involuntary Termination of Parental Rights with respect to her minor child, W.T.J. On appeal M.C. contends the Order should be reversed because she was not provided a guardian ad litem and, substantively, the Department of Children and Family Services (DCF) failed to present clear and convincing evidence supporting termination of her parental rights. We disagree on both points, and thus, affirm...


Florida Court Case: Greenfield v. Department of Children & Family Services
This case involves a dispute over whether a postadoption determination of eligibility for adoption maintenance subsidies under the Adoption Assistance and Child Welfare Act of 1980, Title IV-E of the Social Security Act ("Title IV-E"), carries with it an entitlement to a retroactive award of adoption maintenance subsidies back to the earliest date of eligibility for the child. We agree with the appellee, the Department of Children and Family Services (Department), that neither federal nor Florida law requires the payment of such retroactive benefits. The adoption assistance program created by Title IV-E is a cooperatively run federal-state program through which the federal government provides participating states with funding to advance the adoption of special needs children...


Florida Court Case: In re W.C.
Appellee, the Department of Children and Families, filed a petition seeking termination of M.C.'s parental rights. M.C. responded to the Petition of Termination by consenting to the termination of his parental rights of his two adoptive children and retaining counsel to appear on his behalf to oppose the termination of his parental rights to his two natural children. Pursuant to section 39.808(2), Florida Statutes (2000), the trial court held an advisory hearing on the termination of parental rights of M.C.'s two natural children. M.C., who resides in New Jersey, chose not to personally appear and sent his attorney instead. The trial court treated M.C.'s failure to personally appear as a default consent to termination...

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